Fifth+Welsh+6

==

media type="custom" key="411711"
===The Fifth Amendment states that when you are in court, and you are accused of a crime, you don't have to take the stand if you do not want to. It also states that if you are found innocent for a crime, than you can not be trialed again for the same crime, even if there is new evidence that proves you guilty.===

===The Fifth Amendment was created because of tension between Great Britain and the 13 colonies. After the colonies realized that the Articles of Confederation were not working, they came up with the first ten amendments in our constitution, the Bill of Rights. The Fifth Amendment was made was one of them. It was created to serve as a basic right for Americans. The Fifth Amendment was inspired by The English Bill of Rights. The Fifth Amendment was ratified on December 15, 1791, along with the other amendments in the Bill of Rights. Several people contributed to the writing of the Bill of Rights, but one of the most popular was George Mason.===



Cons- You man say the wrong thing that may cause you into further trouble. You won't get the chance to speak the truth and defend yourself
= =

===**A famous case that involved the Fifth Amendment, was the O.J. Simpson trial. In this trail O.J. Simpson was found innocent for the death of his ex-wife Nicole Brown, and her friend Ronald Goldman. Later after, Simpson was found innocent but there was new evidence that proved him guilty. However, due to Amendment 5, he could not be trialed again.**===

O.J. Simpson and his ex-wife Nicole, before her death.
Common questions: Q: What happens if new evidence is found that proves an innocent person from a closed case guilty? A: It doesn't matter this person cannot be trialed again according to the constitution. This is called double jeopardy.

Q: What happens if you are found innocent and then after the closed case you admit to committing the crime? A: You can be arrested even if the case is closed. That is not double jeopardy.

Q: What if you commit a crime and you are proven innocent and then you commit the same crime again? Can you be trialed? A: Yes, you can because it is a totally different case.

Q: If you don't want to take the stand do you still have to show up at court? A: Yes, you do because it's you who is being trialed for the case.

Q: If the defendant is being silent can the prosecutor suggest that the silence means the person is guilty? A: No, the prosecutor is not aloud to suggest this because an innocent person can choose to be silent according to the 5th amendment.



__Double Jeopardy Ban Protects Teen, Despite Court's Premature Ruling__ By: Katie M[[image:flag.gif width="80" height="61"]].
===**My current event is about a prosecutor's decision to rest the case in a juvenile proceeding, combined with a circuit judge's premature ruling, should have precluded further action against the teen, the state's highest court has decided. The issue in this case is, does double jeopardy bar further proceedings against a juvenile where the adjudicatory hearing, a master recommended dismissal, even an acquittal in error counts as an acquittal, which means that jeopardy attached. This case relates to** **the 5th amendment because in the 5th amendment it states that once somebody is found innocent that they cannot be put back on trial. Unless it has to do with a new case. Some people ask why can't you be trailed twice? And the answer is, you can, under one circumstance. The prosecution may not seek capital punishment in the retrial if the jury did not impose it in the original trial. So this current event does relate to the 5th amendment.**===

__New Evidence in West Memphis Murders__ By: Abigail O.[[image:flag.gif width="80" height="61"]]
===My current event is about new evidence that was found on the West Memphis murders. In 1993, three eight- year-old boys were murdered. Three teenagers were convicted of the killings. New evidence in July, 2007 helped to develop a theory that the three teenagers may really be innocent. One of the victims, Stevie Branch's stepfather Terry Hobbs is accused of the murder. Who is the theory by? Pam Hobbs, Terry's ex-wife. One of her supporting proof is that Terry owned 14 or 15 knives. One of the three victims was killed by continuously stabbing, causing loss of blood. Pam Hobbs feels that they may relate. Whether this issue is just a way that Pam is expressing her anger to her ex-husband, or whether she really feels that he murdered the three boys, it still applies to the Fifth Amendment. I feel that Terry Hobbs should be trialed again because if he really did murder the three boys he should be convicted. However, Terry Hobbs cannot be trialed again, because it goes against the Fifth Amendment's double jeopardy rule.===

__Gonzales Aide to Invoke Fifth Amendment__ By: Kimberly C.[[image:flag.gif width="80" height="61"]]
===My current event is about how a Justice Department official named Monica Goodling who was involved in the firings of federal prosecutors is planning on refusing to answer any questions at the Senate hearing coming up. She is citing Fifth Amendment protection against self-incrimination. Monica is the senior counsel and White House liaison to Attorney General Alberto Gonzales. Mr. Gonzales is under investigation for his knowledge regarding the firings of the eight federal prosecutors. A number of his top aides have been called to testify also. This current event relates to the 5th Amendment because Monica Goodling stuck to her 5th Amendment right to not answer any questions about the firings of federal prosecutors. This is how my article relates to the 5th Amendment. In my opinion I think that Monica Goodling should take the stand. That way she wouldn't seem so suspicious. Also it would give her the chance to speek the truth and defend herself.===

===Here are some suggested links to learn more about the Fifth Amendment: [|http://en.wikipedia.org/wiki/Fifth_Amendment_to_t][|he_United_States_Constitution]===

http://www.lectlaw.com/def/f083.htm
======